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Although this is not a method to enforce payment of a debt, an Examination Notice can be a useful tool if you know little or nothing about your debtor. It will allow you to obtain information about a debtor’s financial position, including assets and...

If someone else owes money to the debtor, you, as the creditor, can apply for a Garnishee Order from the Court that enables that debt to be paid to you rather than the Debtor. A Garnishee Order is most commonly served on a financial institution to...

Following your attempts to recover a debt, firstly through a Letter of Demand and subsequently after the debtor has been “served” the Statement of Claim papers, the court’s jurisdiction will come into play. The Statement of Claim gives the...

If you or your business needs to recover a debt, there are several steps to follow.   1. Letter of demand Firstly, you need your legal representative to send a letter of demand to the debtor. This puts the debtor on notice that the debt is...

Separating from a relationship can be a difficult and emotional time in people’s lives, but there are some practical first steps worth taking to prevent protracted legal arguments and expense when the time comes to finalise a property settlement. If...

When couples decide to separate, many believe they can "sort things out" themselves without resorting to a family lawyer to finalise the division of their property. But a “do-it-yourself” agreement often does not meet strict legislative...

With summer in full swing, backyard swimming pools are again a focus for families. But many pool owners are not aware of the new responsibilities they face this year with the implementation of new pool safety laws. These new laws will require more...

    Alternative Dispute Resolution (ADR) is a process by which disputes can be resolved without involving traditional adversarial methods, such as court trials and hearings. It is controlled by an impartial person, such as a mediator, who helps...

In October 2011, major changes were made to the Home Building Act 1989, which has adversely impacted new residential homeowners. Instead of having a blanket seven years to claim against home owners’ warranty insurance for building defects, home...

    Christmas is a time of year when couples often reconsider their future together, deciding the best way forward for all concerned is to split up. But where children are involved, the process of dividing parenting care and costs can be...